80 FR 39056 - Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 130 (July 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 130 (July 8, 2015)
| Page Range | 39056-39057 | |
| FR Document | 2015-16723 |
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)] [Notices] [Pages 39056-39057] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16723] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-549-821] Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Thailand.\1\ For these final results, we continue to find that subject [[Page 39057]] merchandise has been sold at less than normal value by Beyond Packaging Co., Ltd. (Beyond Packaging) during the period of review (POR). --------------------------------------------------------------------------- \1\ See Polyethylene Retail Carrier Bags from Thailand: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2013-2014, 80 FR 26224 (May 7, 2015) (Preliminary Results) and accompanying Preliminary Decision Memorandum, dated May 1, 2015 (Preliminary Decision Memorandum). --------------------------------------------------------------------------- DATES: Effective Date: July 8, 2015. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0665, and (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On May 7, 2015, the Department published the Preliminary Results. The POR is August 1, 2013, through July 31, 2014. We invited interested parties to comment on the Preliminary Results. We received no comments. The Department conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise subject to the antidumping duty order is PRCBs, which may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The subject merchandise is defined as non- sealable sacks and bags with handles (including drawstrings), without zippers or integral extruded closures, with or without gussets, with or without printing, of polyethylene film having a thickness no greater than 0.035 inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), and with no length or width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 cm). The depth of the bag may be shorter than 6 inches but not longer than 40 inches (101.6 cm). PRCBs are typically provided without any consumer packaging and free of charge by retail establishments, e.g., grocery, drug, convenience, department, specialty retail, discount stores, and restaurants, to their customers to package and carry their purchased products. The scope of the order excludes (1) polyethylene bags that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and (2) polyethylene bags that are packed in consumer packaging with printing that refers to specific end-uses other than packaging and carrying merchandise from retail establishments, e.g., garbage bags, lawn bags, trash-can liners. As a result of changes to the Harmonized Tariff Schedule of the United States (HTSUS), imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the HTSUS. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Final Results of the Review For the final results of this review, in accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we continued to rely on facts available with an adverse inference to establish a rate of 122.88 percent as the weighted-average dumping margin for Beyond Packaging. As the Department explained in the Preliminary Decision Memorandum, the 122.88 percent rate is derived from the petition in the underlying investigation, and the Department determined that for purposes of this review, the rate is corroborated, in accordance with section 776(c) of the Act.\2\ --------------------------------------------------------------------------- \2\ See Preliminary Decision Memorandum at 8. --------------------------------------------------------------------------- Assessment Rates The Department will instruct U.S. Customs and Border Protection (CBP) to apply an ad valorem assessment rate of 122.88 percent to all entries of subject merchandise during the POR which were produced and/ or exported by Beyond Packaging. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Beyond Packaging will be 122.88 percent, the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than- fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will be 4.69 percent.\3\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \3\ See Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand, 75 FR 48940 (August 12, 2010). --------------------------------------------------------------------------- Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties The Department is issuing and publishing these final results of administrative review in accordance with sections 751(a)(1), and 777(i) of the Act and 19 CFR 351.213(h). Dated: June 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-16723 Filed 7-7-15; 8:45 am] BILLING CODE 3510-DS-P
![39056 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
parties may submit case briefs to the Assessment Rates of antidumping duties prior to
Department in response to these Upon completion of this liquidation of the relevant entries
preliminary results no later than 30 days administrative review, the Department during this review period. Failure to
after the publication of these shall determine, and CBP shall assess, comply with this requirement could
preliminary results.2 Rebuttal briefs, the antidumping duties on all appropriate result in the Department’s presumption
content of which is limited to the issues entries.12 If Perfiles’ weighted-average that reimbursement of antidumping
raised in the case briefs, must be filed dumping margin is not zero or de duties occurred and the subsequent
within five days from the deadline date minimis in the final results of this assessment of double antidumping
for the submission of case briefs.3 review, we will calculate importer- duties.
Parties who submit arguments in this specific assessment rates on the basis of We are issuing and publishing this
proceeding are requested to submit with the ratio of the total amount of notice in accordance with sections
each argument: (1) A statement of the antidumping duties calculated for an 751(a)(1) and 777(i)(1) of the Act and 19
issue; (2) a brief summary of the importer’s examined sales and the total CFR 351.213(h)(1).
argument; and (3) a table of authorities.4 entered value of such sales in Dated: July 1, 2015.
Executive summaries should be limited accordance with 19 CFR 351.212(b)(1). Paul Piquado,
to five pages total, including footnotes. The final results of this review shall be Assistant Secretary for Enforcement and
Case and rebuttal briefs should be filed the basis for the assessment of Compliance.
using ACCESS.5 In order to be properly antidumping duties on entries of
merchandise covered by the final results Appendix I—List of Topics Discussed in
filed, ACCESS must successfully receive
of this review and for future deposits of the Preliminary Decision Memorandum
an electronically-filed document in its
entirety by 5 p.m. Eastern Time. Case estimated duties, where applicable. 1. Summary
and rebuttal briefs must be served on We intend to issue liquidation 2. Background
interested parties.6 instructions to CBP 15 days after 3. Scope of the Order
publication of the final results of this 4. Comparisons to Normal Value
Within 30 days of the date of review. A. Determination of Comparison Method
publication of this notice, interested B. Results of the Differential Pricing
parties may request a public hearing on Cash Deposit Requirements Analysis
arguments raised in the case and 5. Product Comparisons
The following cash deposit 6. Date of Sale
rebuttal briefs.7 Unless the Department requirements will be effective upon 7. Export Price
specifies otherwise, the hearing, if publication of the final results of this 8. Normal Value
requested, will be held two days after administrative review for all shipments A. Home Market Viability as Comparison
the date for submission of rebuttal of the subject merchandise entered, or Market
briefs.8 Written argument and hearing withdrawn from warehouse, for B. Level of Trade
requests should be electronically consumption on or after the publication C. Sales to Affiliated Customers
submitted to the Department via D. Calculation of Normal Value Based on
date of the final results of this
Comparison Market Prices
ACCESS.9 The Department’s electronic administrative review, as provided by 9. Currency Conversion
records system, ACCESS, must section 751(a)(2)(C) of the Act: (1) The 10. Recommendation
successfully receive an electronically- cash deposit rate for Perfiles will be that [FR Doc. 2015–16724 Filed 7–7–15; 8:45 am]
filed document in its entirety by 5:00 established in the final results of this BILLING CODE 3510–DS–P
p.m. Eastern Daylight Time within 30 administrative review (except, if the rate
days after the date of publication of this is zero or de minimis, no cash deposit
notice.10 Requests should contain: (1) will be required); (2) for previously DEPARTMENT OF COMMERCE
The party’s name, address, and reviewed or investigated companies not
telephone number; (2) the number of listed above, the cash deposit rate will International Trade Administration
participants; and (3) a list of issues to be continue to be the company-specific rate [A–549–821]
discussed. Issues raised in the hearing published for the most recent period; (3)
will be limited to those raised in the if the exporter is not a firm covered in Polyethylene Retail Carrier Bags From
respective case briefs. Parties will be this review, a prior review, or in the Thailand: Final Results of Antidumping
notified of the time and location of the less-than-fair-value investigation but the Duty Administrative Review; 2013–
hearing. manufacturer is, the cash deposit rate 2014
will be the rate established for the most
The Department intends to publish recent period for the manufacturer of AGENCY: Enforcement and Compliance,
the final results of this administrative the merchandise; and (4) the cash International Trade Administration,
review, including the results of its deposit rate for all other manufacturers Department of Commerce.
analysis of issues addressed in any case or exporters will continue to be the all- SUMMARY: On May 7, 2015, the
or rebuttal brief, no later than 120 days others rate of 3.76 percent, which is the Department of Commerce (the
after publication of the preliminary all-others rate established in the Department) published the preliminary
results, unless extended.11 investigation.13 These cash deposit results of the administrative review of
requirements, when imposed, shall the antidumping duty order on
2 See 19 CFR 351.309(c)(1)(ii). remain in effect until further notice. polyethylene retail carrier bags (PRCBs)
3 See 19 CFR 351.309(d)(1) and (2). from Thailand.1 For these final results,
4 See 19 CFR 351.309(c)(2) and (d)(2). Notification to Importers
srobinson on DSK5SPTVN1PROD with NOTICES
5 See generally 19 CFR 351.303.
we continue to find that subject
6 See 19 CFR 351.303(f).
This notice also serves as a reminder
7 See 19 CFR 351.310(c).
to importers of their responsibility 1 See Polyethylene Retail Carrier Bags from
8 See 19 CFR 351.310(d)(1). under 19 CFR 351.402(f)(2) to file a Thailand: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review in
9 See generally 19 CFR 351.303. certificate regarding the reimbursement Part; 2013–2014, 80 FR 26224 (May 7, 2015)
10 See 19 CFR 351.310(c).
(Preliminary Results) and accompanying
11 See section 751(a)(3)(A) of the Act; 19 CFR 12 See 19 CFR 351.212(b)(1) Preliminary Decision Memorandum, dated May 1,
351.213(h). 13 See Orders, 73 FR at 45404. 2015 (Preliminary Decision Memorandum).
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![Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices 39057
merchandise has been sold at less than United States (HTSUS), imports of the for the manufacturer of the
normal value by Beyond Packaging Co., subject merchandise are currently merchandise; (4) if neither the exporter
Ltd. (Beyond Packaging) during the classifiable under statistical category nor the manufacturer has its own rate,
period of review (POR). 3923.21.0085 of the HTSUS. the cash deposit rate will be 4.69
DATES: Effective Date: July 8, 2015. Furthermore, although the HTSUS percent.3 These cash deposit
FOR FURTHER INFORMATION CONTACT: subheading is provided for convenience requirements, when imposed, shall
Dmitry Vladimirov or Minoo Hatten, and customs purposes, the written remain in effect until further notice.
AD/CVD Operations, Office I, description of the scope of the order is
dispositive. Notification to Importers
Enforcement and Compliance,
International Trade Administration, Final Results of the Review This notice serves as a final reminder
U.S. Department of Commerce, 14th For the final results of this review, in to importers of their responsibility
Street and Constitution Avenue NW., accordance with sections 776(a) and (b) under 19 CFR 351.402(f)(2) to file a
Washington, DC 20230; telephone: (202) of the Tariff Act of 1930, as amended certificate regarding the reimbursement
482–0665, and (202) 482–1690, (the Act), we continued to rely on facts of antidumping duties prior to
respectively. available with an adverse inference to liquidation of the relevant entries
SUPPLEMENTARY INFORMATION: establish a rate of 122.88 percent as the during this review period. Failure to
Background weighted-average dumping margin for comply with this requirement could
Beyond Packaging. As the Department result in the Secretary’s presumption
On May 7, 2015, the Department explained in the Preliminary Decision that reimbursement of antidumping
published the Preliminary Results. The Memorandum, the 122.88 percent rate is duties occurred and the subsequent
POR is August 1, 2013, through July 31, derived from the petition in the assessment of double antidumping
2014. We invited interested parties to underlying investigation, and the duties.
comment on the Preliminary Results. Department determined that for
We received no comments. purposes of this review, the rate is Administrative Protective Orders
The Department conducted this corroborated, in accordance with
administrative review in accordance section 776(c) of the Act.2 This notice also serves as a reminder
with section 751(a) of the Tariff Act of to parties subject to administrative
1930, as amended (the Act). Assessment Rates protective order (APO) of their
The Department will instruct U.S. responsibility concerning the
Scope of the Order
Customs and Border Protection (CBP) to destruction of proprietary information
The merchandise subject to the apply an ad valorem assessment rate of disclosed under APO in accordance
antidumping duty order is PRCBs, 122.88 percent to all entries of subject with 19 CFR 351.305(a)(3). Timely
which may be referred to as t-shirt merchandise during the POR which written notification of the return or
sacks, merchandise bags, grocery bags, were produced and/or exported by destruction of APO materials or
or checkout bags. The subject Beyond Packaging. conversion to judicial protective order is
merchandise is defined as non-sealable We intend to issue instructions to hereby requested. Failure to comply
sacks and bags with handles (including CBP 15 days after publication of the with the regulations and terms of an
drawstrings), without zippers or integral final results of this review. APO is a sanctionable violation.
extruded closures, with or without
gussets, with or without printing, of Cash Deposit Requirements
Notification to Interested Parties
polyethylene film having a thickness no The following deposit requirements
greater than 0.035 inch (0.889 mm) and will be effective upon publication of the The Department is issuing and
no less than 0.00035 inch (0.00889 mm), final results of administrative review for publishing these final results of
and with no length or width shorter all shipments of subject merchandise administrative review in accordance
than 6 inches (15.24 cm) or longer than entered, or withdrawn from warehouse, with sections 751(a)(1), and 777(i) of the
40 inches (101.6 cm). The depth of the for consumption on or after the Act and 19 CFR 351.213(h).
bag may be shorter than 6 inches but not publication date as provided by section Dated: June 30, 2015.
longer than 40 inches (101.6 cm). 751(a)(2)(C) of the Act: (1) The cash
Paul Piquado,
PRCBs are typically provided without deposit rate for Beyond Packaging will
any consumer packaging and free of be 122.88 percent, the weighted-average Assistant Secretary for Enforcement and
charge by retail establishments, e.g., dumping margin established in the final Compliance.
grocery, drug, convenience, department, results of this administrative review; (2) [FR Doc. 2015–16723 Filed 7–7–15; 8:45 am]
specialty retail, discount stores, and for merchandise exported by BILLING CODE 3510–DS–P
restaurants, to their customers to manufacturers or exporters not covered
package and carry their purchased in this review but covered in a prior
products. The scope of the order segment of the proceeding, the cash
excludes (1) polyethylene bags that are deposit rate will continue to be the
not printed with logos or store names company-specific rate published for the
and that are closeable with drawstrings most recently completed segment of this
made of polyethylene film and (2) proceeding; (3) if the exporter is not a
polyethylene bags that are packed in firm covered in this review, a prior
srobinson on DSK5SPTVN1PROD with NOTICES
consumer packaging with printing that review, or the less-than-fair-value
refers to specific end-uses other than investigation but the manufacturer is, 3 See Notice of Implementation of Determination
packaging and carrying merchandise the cash deposit rate will be the rate Under Section 129 of the Uruguay Round
from retail establishments, e.g., garbage established for the most recently Agreements Act and Partial Revocation of the
bags, lawn bags, trash-can liners. completed segment of this proceeding Antidumping Duty Order on Polyethylene Retail
As a result of changes to the Carrier Bags From Thailand, 75 FR 48940 (August
Harmonized Tariff Schedule of the 2 See Preliminary Decision Memorandum at 8. 12, 2010).
VerDate Sep<11>2014 18:49 Jul 07, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 E:\FR\FM\08JYN1.SGM 08JYN1](https://thefederalregister.org/doc/80_FR_39186/page/2.svg)
Document Created: 2018-02-23 09:12:46
Document Modified: 2018-02-23 09:12:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: July 8, 2015. | |
| Contact | Dmitry Vladimirov or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0665, and (202) 482-1690, respectively. | |
| FR Citation | 80 FR 39056 |
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